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Domestic Crimes

Domestic Criminal Charges

Domestic Assault, Felony Assault, Other Crimes Alleged to be Domestic-Related

Minneapolis Criminal Lawyer Thomas Gallagher

Thomas Gallagher, Minneapolis Defense Attorney

This page provides information about the services offered by Minneapolis Domestic Assault Attorney Thomas C Gallagher, of GALLAGHER CRIMINAL DEFENSE; as well as information about Minnesota domestic assault and other domestic relationship-based criminal charges, and defenses (including Minnesota self-defense law).

Gallagher has been representing defendants and sometimes witnesses (victims of prosecutors) in the case since 1988. In addition to criminal defense legal training and experience, Gallagher has education and experience that help him be effective as a domestic assault attorney, including education in Psychology, study of family violence issues, exoneration of the falsely accused, and experience as Respondent’s counsel in mental health court (chemical dependency and mental illness issues).

The Relationship Element

What makes these criminal charges “domestic?” Most, if not all, “domestic” crimes are variations of crimes which include a “domestic” relationship between the accused and the prosecutor’s victim.

The types of relationships that qualify as domestic are defined by statute in an expansively broad way – for example, two male college roommates in a love triangle fighting over a girl were charged with “domestic assault” based on being roommates, in one of Gallagher’s cases. (Don’t worry; Gallagher helped that client win the case.)

Types of domestic criminal charges

Misdemeanor domestic assault is often also charged as 5th degree domestic assault (which does not include a relationship element). Domestic violence charges include not only domestic assault charges, but also every degree of felony assault, misdemeanor assault (gross misdemeanor and simple misdemeanor assault), “terroristic threats,” interference with an emergency call (interference with a 911 call), criminal sexual conduct, child neglect, child endangerment, child abuse, stalking and harassment crimes, violation of an Order for Protection (OFP), or a Harassment Restraining Order (HRO) or a Domestic Abuse No Contact Order (DANCO).

Defenses

False Reports: Another common fact pattern in these cases is false or inaccurate accusations, distorted by the accuser’s strong emotions at the time of the police report, influenced by the relationship history. And, almost always, alcohol was involved and influenced perception and reporting of events.

Fifth Amendment Privilege: In many cases, what was a mutual assault could get both parties charged with a crime, or sometimes only one. In this situation, an effective defense can often involve getting both parties their own witness attorney, to checkmate the prosecution. All the other defenses can be available as well.

Achieving Good Outcomes – What Is At Stake

These are serious cases, with severe consequences – not only potentially for the accused (if convicted) but also for all the people close to the accused, who are connected to him or her. All can be damaged as a result of a successful prosecution of one of these charges (and the resulting reduction in annual income, reduced child support, deportation, etc.).

What you can do

The most important thing you can do to protect yourself and your family from these damaging consequences of prosecution is to retain the best criminal defense attorney possible. With over 30 years experience winning cases involving domestic violence charges, Thomas Gallagher is in a position to provide his clients with the best possible defense in every case he handles. Gallagher works on his clients’ cases personally. He does not hand them off to a young Associate “on the team.” After you hire him to handle your case, you get the real deal — Gallagher himself — personal representation.

Domestic-related criminal charges are some of the most serious, and potentially unreliable claims made in the courts today. They have the highest rate of dismissal of any type of criminal case. Your choice of defense attorney can make the difference between conviction and dismissal or acquittal.

“Hell hath no fury like a woman or man scorned?” Is there truth in that ancient idea? Emotions can run high, especially with alcohol, in relationships as people try to work out their conflicts. Sometimes feelings of hate, revenge, “sour grapes,” as well as anger, power and control issues can cause a person to turn against their loved one, and even sometimes make a false claim against them. This may be done in a hot moment of strong emotion, as in a 911 call or an initial report to responding police officers, only to be regretted and recanted later. Other times it is planned, coldly and rationally, as part of a strategy to “beat” the former loved one – for example, where there is a divorce or child custody battle planned or pending in court. Or, it can be both.

The Victim Role

Even where the complainant (prosecutor’s “victim”) begs and pleads with the prosecuting attorney to drop the charges against their loved one, either because the initial report to police was untrue, misunderstood or simply because the complainant does not want their loved one prosecuted – typically the prosecuting attorneys do their best to ignore these pleas.

This, despite the fact that there is a victim’s rights statute in Minnesota requiring prosecuting attorneys to listen to “victim’s” desired outcomes. Often, complainants (prosecutor’s victims) end up going to defense lawyers like Gallagher for help, and for a voice in the legal process – either as defendant’s counsel or as the witness attorney.

How does prosecutor’s taking power away from “victims” of alleged abuse help to empower them to control their own lives? Is the Government an “Abuser” – making their “victim” powerless; teaching them learned helplessness? Is this really a situation of government paternalism, “Big Brother,” taking over and controlling the lives of putative “victims” against their will, against their wishes, and against their interests?

A great example of how the government’s lawyers disempower their “victims” is the pretrial “no contact order” and the Domestic Abuse No Contact Order (or “DANCO“). Prosecuting Attorneys generally resist dropping them, despite pleading from their “victims.” For information about how to get rid of them, see our linked article: How to Get Rid of a Domestic Abuse No Contact Order in Minnesota.

Conflict of Interest

Some prosecutors would like to have it both ways. On the one hand, they “don’t represent the victim, so we don’t have to drop the no contact order or drop the charges even though the victim is pleading for that.” But on the other hand, they resist, undermine and try to stop their “victim” from directly addressing the judge in court to plead for dropping the no contact orders and dismissing the charges, even as they claim to represent the “victim’s” interests.

Of course, the fact that the prosecutor is “not the victim’s lawyer” is an explicit admission that they do not represent their interests. This is glaringly obvious when they argue against what the purported victim is pleading for – dropping the no contact order and dismissing the charges. Minnesota’s Victims Rights statute has giant loopholes that prosecutors can leisurely stroll through. This kind of conflict-of-interest is addressed in the ethics rules for lawyers, but so far courts have not stopped it or created an official role for the victim or his or her attorney to prevent the conflict.

Holding the Government to its Burden of Proof

Since the burden of proof rests with the prosecution, what actual evidence is there? Is there nothing more than a naked accusation, without corroboration? The jury has an important role as the last defense of human rights and liberty under the Constitution. Our job is to challenge the prosecution case and expose its weakness.

A person can be convicted of a domestic-related crime based solely on the uncorroborated claims of a single witness, one with an axe to grind, an agenda. This is one reason it is so important to have the best defense possible in the circumstances.

Avoiding the Consequences of a Conviction

The consequences of a conviction can be both severe and far-reaching. Beyond the well-known consequences of incarceration in jail or prison, for the vast majority of cases involving people accused for the first time a lifelong criminal record will have severe consequences. Just being arrested and accused of a crime is damaging. Pleading guilty or being convicted are much worse. This can result in:

Reduction in annual income earning potential, for life; lost job opportunities (individual and family); reduced child support

Professional and occupational license loss

Increase in health and other insurance premiums

Damage to credit report and rating

Deportation or Removal from the United States (of non-citizens, including “Permanent Residents”)